User terms

Effective date: April 9, 2020

These are the terms and conditions ("Terms") which apply to your use of the gini Chargeback Portal ("Portal"). References to the "Portal" include any products and services that may be provided to you through the Portal. By registering for, creating an account on, downloading, accessing and/or using the Portal (or attempting to do so), you agree to be bound by these Terms and the documents referred to in them ("the Agreement"). In regards to the privacy policy adopted by us for the Portal, please refer to our Privacy Statement (available here ). If you do not agree with or do not accept any of the terms and conditions in the Agreement, you should not register for, create an account on, download, access or use the Portal. If you have any questions about the Portal, please contact us at info@gini.co.

Personal Data

The Portal is provided by More Champ Limited (trading as gini) ("we", "our" or "us"). Our registered office is 2/F, Henan Building, 90-92, Jaffe Rd, Wan Chai, Hong Kong.     

Using the Portal

1. "Customer Data" means any information or content which you provide to us when accessing or using the Portal (or for the purpose of accessing or using the Portal), including any personal data, whether it comes from you or is collected and/or processed on behalf of any other third party by you and provided by you. 
2. This Portal is currently in beta testing. We grant you a limited worldwide, non-transferable, non-assignable, non-exclusive, royalty-free  (except for payments expressly agreed under these Terms), revocable licence to register, create an account, install, subscribe to and/or use the Portal in accordance with these Terms, effective upon your registration of an accounto the Portal. You must keep confidential and not share with any third party your account information, including your username, password or any other information required for accessing and/or using the Portal. If you become aware that the confidentiality of such information has been compromised, you must immediately change your password and notify us. If we have any reason to believe that there may be a breach of security or misuse of the Portal through your account or use of your password, we may notify you and require you to change your password, or suspend your account or use of the Portal or terminate the provision of services to you.
3. You warrant and represent that you are the owner of and/or have relevant permission from the owner(s) of:

(i) any devices and/or equipment that you use; and

(ii) any data which you may choose to connect via the Portal, for the purposes of registering, creating an account, installing, downloading, accessing and/or using the Portal.

You accept responsibility in accordance with the Agreement whether or not you are the owner of such devices, equipment, data or online accounts.

4. Any personal data you provide to us when you register, create an account, install, subscribe to and/or use the Portal will be processed in accordance with our Privacy Statement (please refer above).
5. You must not use the Portal to perpetuate a crime or fraud, or engage in any activity which is unlawful, whether in Hong Kong or in any part of the world.
6. While you remain the owner of all the intellectual property rights to your Customer Data, you agree to grant us a worldwide, non-exclusive, assignable, transferrable, royalty-free licence, until you deactivate the account, to use the Customer Data for the following purposes:

(i) to provide our products and services to you via the Portal;

(ii) to improve our products and services;

(iii)   to customize our products and services; and

(iv)  to develop new products and/or services.

Such licence is deemed granted to us by you when you register,or create an account on the Portal.

7. By inputting, posting, transmitting, streaming or uploading and processing the Customer Data using the Portal, you voluntarily submit such data to us for fulling the purposes mentioned in clause 2(f) above. We do not actively check whether such data supplied to us is confidential, commercially sensitive or valuable. If the Customer Data you provided belongs to a third party, you are deemed to have the authority to use or process such data by using the Portal for that third party in accordance with the Agreement. We are not liable to you or any third party for any unauthorized use of that party's data provided to us by you.
8. We will use automated systems and algorithms ("the System") to analyze your Customer Data in order to fulfill the aforementioned purposes. By using the Portal, you are deemed to have given us consent that we would use the System which may be located outside of Hong Kong or controlled by a third party to analyze your Customer Data.  
9. We will not actively use the System to analyze your personal data. Nevertheless, if you voluntarily input, post, transmit, stream or upload any personal data, whether it comes from you or is collected or processed on behalf of any third party, when using the Portal, you are deemed to have given us consent to process the personal data you have provided and have acquired prior consent to act for that person on his/her behalf. For further provisions in relation to personal data of third parties provided by you, please refer to our Privacy Statement (please refer above).
10. We will anonymise the Customer Data as far as possible and use such anonymised data to improve or enhance the Portal (including our products and services) or to develop new technologies.
11. We may transfer the Customer Data to third parties for the purposes mentioned in clause 2(f) above. In relation to transfer of your personal data to third parties – please refer to our Privacy Statement (please refer above).
12. You acknowledge that any links, content or information provided to you via the Portal (the "Given Information") is provided on the basis that we bear no responsibility for the Given Information, and that the Given Information is provided for the purpose of your general information only. The Given Information do not constitute any type or form of technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. Any reliance that you may place on the Given Information is at your own risk.

Third Party Content

1. The Portal may contain links and/or references to third party websites, content, information, products and/or services ("Third Party Content"). Any such links, references and Third-Party Content are provided for your convenience only and do not mean that we endorse them. We have no control over such Third-Party Content and accept no legal responsibility for them. Your use of such Third-Party Content will be subject to the terms and conditions and privacy statements of that third party.
2. Some software packages, archives, or parts of the Portal may be authorized under an open source software permit (“Open Source Components”). You understand that your use, replication and/or distribution of any such Open Source Components are exclusively dictated by the terms of the applicable open source software authorization and not the Agreement. We have not incorporated or otherwise used any Open Source Components, in whole or in part, in the Portal in any manner that requires or has as a condition of use of such Open Source Components that the Portal be: (i) disclosed or distributed in source code form, (ii) licensed for the purpose of making derivative work(s), (iii) redistributable at no or minimal charge, or (iv) that otherwise imposes any limitation, restriction or condition on our right or ability to make use of or distribute the Portal.
   

Availability

1. The Portal is provided on an “as is” and “as available” basis. While we try to make sure that the Portal is accurate, up-to-date and free from viruses, worms, trojan horses, bugs, defects, errors or interruptions, we do not warrant that it will be. Furthermore, to the maximum extent permitted by statute, common law or otherwise, we provide no warranties (express or implied) regarding the fitness for purpose, compatibility or satisfactory quality of the Portal.
2. We may change the specifications or manner of use of the Portal (or any part of it), and suspend or terminate the operation of the Portal, at any time as we see fit.
   

Liability

1. Our total liability shall not exceed an amount equal to any fees paid by you when you register for, create an account on, install, subscribe to, access and/or use the Portal.
2. We shall not be liable for any consequential, indirect, unforeseeable or special losses. In addition, we shall not be liable for any of the following (whether direct or indirect): loss of profit; loss of data; loss of use; loss of contract; loss of opportunity; loss of savings, discount or rebate (whether actual or anticipated); harm to reputation; loss of goodwill; any damage or alteration to any devices or equipment that may be used to register for, create an account on, install, subscribe to, access and/or use the the Portal; or losses that are not caused by any breach of the Agreement on our part.
3. We shall have no liability to you for any breach of the Agreement, or any delays or failures in relation to the Portal, which result from any events or circumstances beyond our reasonable control, including: strikes, lock-outs or other industrial disputes; delays or failures in systems, networks or internet access; flood, fire, explosion or accident; acts of war or legal restrictions.
4. You agree to indemnify and hold harmless to (and keep indemnified) us, our successors, assignees, licensees, licensors, employees, contractors, agents, service providers, officers and directors, from and against any and all claims, actions, damages, obligations, losses, liabilities, costs or debt and expenses (including legal expenses) of any kind resulting from, in connection with or arising out of (directly or indirectly):

(i) your use of the Portal (which include unauthorised use of a third party's data);

(ii) any person using your account to use the Portal; or

(iii)   your breach of any of the terms and conditions in the Agreement.

5. Notwithstanding any other provision in the Agreement, we do not exclude or limit our liability in respect of death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or for any other loss which cannot be excluded or limited by applicable law.

Variation

We reserve the right to vary the Agreement from time to time, due to, for instance, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulations. Any variations will be communicated to you in writing (including by email) or otherwise made available via the Portal or on our website. Following any variations to the Agreement, by continuing to access or use the Portal, you agree to be bound by such varied Agreement. If you do not agree with the new terms and conditions in the varied Agreement, you should deactivate your account and stop using the Portal.

Security and Data Protection

1. We will take reasonable steps to ensure that all Customer Data in our possession is kept secure, including maintaining appropriate encryption protection.
2. By accessing or using the Portal, you acknowledge and agree that internet transmissions are never completely private or secure and you remain responsible for ensuring that any internet connection that you use for accessing or using the Portal is secure.
3. There may be promotions or offers available to you via the Portal which, should you wish to accept them, may require us to collect and process personal data from you. For further details, please see our Privacy Statement (please refer above).

Intellectual Property

1. We (or our group of companies or licensors) own all intellectual property rights in relation to the Portal (including copyright, trademarks, service marks, logos, design rights, rights to inventions, rights to software and source code, and database rights), whether registered or unregistered anywhere in the world.
2. This Portal is currently in beta testing. We grant you a limited worldwide, non-transferable, non-assignable, non-exclusive, royalty-free (except for payments expressly agreed under these Terms), revocable licence to install, download, access and use the Portal in accordance with the Agreement, effective upon your installation  of and/or subscription to the Portal. Such licence will be terminated when you de-activate the Portal. Nothing in the Agreement shall confer on you any other rights with respect to the intellectual property rights of the Portal.
3. You shall not, and shall not permit third parties, to:

(i) make and/or distribute copies of the Portal;

(ii) sell or lease any part of the Portal;

(iii)   modify, decompile, reverse engineer or disassemble the Portal (or attempt to do so); or

(iv)  download‚ reproduce, transfer, publish, redistribute, adapt, create derivative works from, or make extracts of, the Portal or any content or information within it (or any part of it), other than for your personal or non-commercial use.     

Termination

1. We may terminate the Agreement with you and/or prevent or suspend your access to the Portal (or any part of it), temporarily or permanently and without prior notice, at anytime at our own will, if we reasonably believe, in our sole discretion, that:

(i) you have not complied with any part of the Agreement and any terms or policies to which they refer or any applicable law;

(ii) you have engaged in any suspected fraudulent use of the Portal;

(iii) any of your Customer Data might contain information that violates the law, could harm other users, us or any other third parties or are obtained unlawfully;

(iv) we are required to do so in compliance with the law or a court order;

(v) your conduct could cause harm or liability to us, users or any other third parties; or

(vi) our provision of the Portal is not viable be it due to commercial reason, technical issue or force majeure event.

2. You may deactivate the Portal, in which case the Agreement shall also terminate.
3. Once you deactivate the Portal,

(i) you will no longer be able to use the Portal, and access the Portal; and

(ii) all the Customer Data, other than those personal data that is necessary to respond to your questions, complaints and claims, that may be collected by us will be deleted from data servers of us or any third party which we have previously sent to for fulling the purposes set out in clause 2(f) above.

4. Termination of the Agreement for whatever reason shall not affect any of our or your accrued rights and liabilities.

General

1. Any words in the Agreement that follow 'include', 'includes', 'including', ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words.
2. If any provision in the Agreement is determined to be illegal, invalid or otherwise unenforceable then, to the extent of such illegality, invalidity or unenforceability, such provision shall be severed from it and the remaining terms and conditions of the Agreement shall survive in full force and effect.
3. If we fail at any time to insist upon strict performance of any of your obligations under the Agreement, or if we fail to exercise any of our rights or remedies to which we are entitled under the Agreement, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
4. The Agreement, together with the Privacy Statement (please refer above), set out the whole of our agreement and supersedes all previous agreements and arrangements relating to your installing, downloading, accessing and/or using the Portal.
5. No one other than us or you have any right to enforce any provision term of this contract, whether under the Contracts (Rights of Third Parties) Ordinance or otherwise.

Applicable Law and Jurisdiction

The Agreement shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and the parties shall irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong in respect of any dispute, suit, action, arbitration or proceedings which arise out of or in connection with the Agreement.

Privacy Statement

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We take user's data privacy regarding the use of our gini Chargeback Portal ("Portal") very seriously. We ask that you read this privacy statement ("Privacy Statement") carefully as it contains important information about how we will use your personal data. This Privacy Statement forms part of the Terms governing your use of the Portal (including any products and services that may be provided to you through the Portal).

Data processor

The Portal is provided by More Champ Limited (trading as gini) (" we", "our" or "us"). Our registered office is 2/F, Henan Building, 90-92 Jaffe Rd, Wan Chai, Hong Kong.

Collection of personal data

1. We may collect and process personal data (as defined in the Personal Data (Privacy) Ordinance ("PDPO")) about you when you register, create an account, instal, download, access and/or use the Portal, or contact us in relation to the Portal.
2. We may seek your consent to this Privacy Statement and our use of your personal data in a number of ways depending on the medium in which you interact with us, such as via your signature to confirm you have read our Privacy Statement, verbal consent over the telephone, via an online checkbox or by seeking your permission during the creation or registration of an account to the Portal. You acknowledge that failure to provide personal data requested might prevent you from creating an account,, using and continuing to use the Portal.
3. We will only use your personal data, as set out below, in accordance with the PDPO, and while we are not based in the European Economic Area ("EEA"), we comply with the European Union's General Data Protection Regulation 2016/679 ("GDPR") as a matter of best practice as far as possible:

a. When you register, create an account, instal, download, access and/or use the Portal, we collect the following personal data :

      ■  Your email address.

      ■  When you use the Portal, we may also collect the following personal data, depending on what information you would like to process with the Portal:

             - Details belonging or relating to you and your use of the Portal; and

             - Any other personal data, whether it comes from you or is collected and/or processed on behalf of any other third party by you, that you voluntarily input, post, transmit, stream or upload when using the Portal.

b. By inputting, posting, transmitting, streaming or uploading and processing personal data of your own or other third party you act on behalf of in the Portal, you warrant that you have the legal right to provide such personal data and give us consent to process such data in a manner in accordance with this Privacy Statement.

c. We will use the personal data for the following purposes:

      ■  to help us identify you and any accounts you have registered or created on our Portal;

      ■  to provide you with goods and services via the Portal (such as using your personal details to authenticate you as the person who could use the Portal);

      ■  to communicate with you;

      ■  to customise the Portal and its content to your particular preferences;

      ■  to inform you with special offers on other products or services we think you might like;

      ■  to carry out research and statistical analysis and create market reports on an anonymised or aggregated basis (which means that we will not identify you individually for the purpose of such research, analysis or reports) to help us better understand our users, and to enhance and develop our Portal and its content, products and services; and

      ■  to notify you of any changes to the Portal or to our services that may affect you.  

d. We will not use your personal data for any unlawful purpose.

e. You agree that all personal data provided by you to us may be used and retained by us for the purposes as stated in clause 2(a)(iv) above or as required by any applicable laws and regulations from time to time. If we intend to use your personal data for any new purpose not listed in clause 2(a)(iv) above, we will inform you in advance and you will have an opportunity to refuse to allow us to do so.

f. When you use the Portal, we collect and store the sources of data you input, post, transmit, stream or upload, for the purpose of providing the intended service of creating forecast(s) for you from the data . 

g. We will get access to and use meta level data generated during the use of the Portal for the sole purpose of improving our service over time. Where this data contains personal data, we will take steps to anonymise it before using it for improving our service.

h. Other than personal data we collected through linking your Gmail account, we do not actively collect and strongly discourage users from inputting, posting, transmitting, streaming or uploading and processing special category personal data as defined in the GDPR, i.e. personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs, trade union membership, genetic and biometric data, or data concerning health, sex life or sexual orientation ("Special Data"). Nevertheless, if you voluntarily input, post, transmit, stream or upload and process such Special Data, whether it comes from you or a third party you act on behalf of, you give us consent to process such data in a manner in accordance with this Privacy Statement.

Disclosure of personal data to third parties

1. We may disclose and/or transfer your personal data, from time to time, to:

a. other companies within our group, for the purposes set out at clause 2 above;

b. our trusted agents, contractors or vendors ("Service Providers");

c. actual or proposed assignees or transferees of our rights ("Successors"); and

d. law enforcement and/or regulatory agencies as may be required by law.

2. In general, where personal data is to be disclosed to a third party, we will take steps to ensure that such data would be anonymised as far as possible before sending them to a third party. Keys to unlock any anonymised personal data would stay with us. Where this is not possible, we will require that the recipient of the personal data keeps it confidential at all times and subject to a privacy statement and/or terms and conditions no less restrictive than this Privacy Statement and the Terms. 
3. We may disclose and/or transfer your personal data (whether in Hong Kong or abroad) to our Service Providers, provided that they are under a duty of confidentiality to us. Contractual obligations would be imposed on them to ensure that they can only use your personal data to provide services to us and to you but not any other third parties. Such Service Providers may provide administrative, data processing, research and marketing, distribution, telecommunications, shipping, financial, consultancy, professional or other similar services to us to enable us to better fulfil customer orders, manage, store and enhance customer data, and comply with postal regulations.
4. We may also provide your personal data to Successors with respect to you in connection with a merger, sale or transfer (whether of assets or shares) involving us. In such an event, we will ensure the personal data would still be subject to this Privacy Statement and the confidentiality of your personal data under the hands of the Successors. We will notify you in advance if your personal data will be subject to a private policy different from this Privacy Statement under the Successors. 
5. Other companies may also forward to us additional personal data, (such as, for example, names, mailing addresses and email addresses, as well as demographic and other usage information), when we have news or product offerings that may be of special interest to those individuals ("Marketing"). We work to ensure that these companies have obtained prior consent from those individuals before they pass such personal data on to us. Please inform us if you believe we have acquired your personal data in this way and you have not given your consent to the companies for Marketing, as it is not our intent to make use of personal data which has not been legitimately acquired or to collect and process your personal data without your prior consent.
6. We do not disclose your personal data (whether your name, email address) to any other third parties other than those expressly set out above.

Storage of personal data

1. We may store your personal data in the following locations or with with the following services:

a. Amazon Web Services Hong Kong, Singapore and / or Tokyo;

b. Our offices or other companies within our group; and

c. Service Providers.

2. Please note that we are (and some of our Service Providers may be) based outside the EEA and your personal data may be transferred to locations which do not have the same standards of data protection law as within the EEA. Nevertheless, we will ensure the holding and transfer of your personal data complies with a higher standard of data protection as far as possible and in any event no less restrictive than the PDPO to ensure the privacy and security of your personal data. Your consent to this Privacy Statement confirms that you agree that your personal data may be transferred outside of Hong Kong and outside of the EEA accordingly.
3. We implement data retention policies and records to ensure that personal data will not be kept longer than is necessary in relation to the purpose for which it was collected. The retention period applied to various types of personal data that we hold varies depending on the respective data collection/usage purpose and relevant legal requirements. We will keep your personal data while you make use of our services or the Portal and while you have an account with us. Once you close your account with us, we will keep your personal data for as long as is necessary to respond to any questions, complaints or claims that may be made by you or on your behalf, to show that we treated you fairly, and/or to keep records as required by law. Any personal data which is no longer necessary for us to retain will be deleted and/or anonymised. 

Keeping your data secure

1. We will use technical and organisational measures to safeguard your personal data, for example:

a. access to your account is limited to the use of your username and password;

b. we encrypt your personal data; and

c. any personal data that we process or store is done on secured servers.

2. All processing of your personal data shall be conducted according to the data protection principles as follows:

a. personal data must be processed lawfully, fairly and transparently;

b. personal data must be accurate and kept up to date with every effort to erase or correct; and

c. personal data must be processed in a manner that ensures the appropriate security.

3. In addition, we have appropriate security measures in place to prevent personal data from being accidentally or unlawfully lost, used or accessed. We limit access to your personal data to those who have a genuine business need to access it. Those processing your personal data will do so only in an authorized manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so and/or if there is a risk to your rights and freedoms.

Personal data of third parties provided by you

1. If you give us personal data on behalf of someone else, either directly or indirectly (for example when you input, post, transmit, stream or upload it using the Portal), you are deemed to confirm that you have acquired prior consent to act for that person on his/her behalf and he/she has agreed that you can:
2. give consent on his/her behalf to the processing and transfer of his/her personal data in a manner in accordance with this Privacy Statement;

a. receive on his/her behalf any notices relating to data protection; and

b. exercise on his/her behalf his/her data privacy right pursuant to clause 7 below.

3. We are not liable to any third party for any unauthorized use of that party's personal data provided to us.

Your rights

1. You have the following rights, which you can exercise free of charge and at anytime:

a. Right of access: you have the right to know whether we hold your personal data and to access any personal data held by us. You also have the right to access supplementary information in relation to any personal data held by us, including the purpose for which your personal data is being processed and with whom the personal data is shared.

b. Right to rectification: you have the right to correct any inaccuracies of your personal data held by us.

c. Right to be forgotten: you have the right to require us to delete your personal data and any other third party's personal data that you voluntarily submitted to us.

f. Right to restrict processing: you have the right to require us to restrict processing of your personal data in certain circumstances, such as if you contest the accuracy of the data.

g. Right to data portability: you have the right to receive the personal data you provided to us in a structured, commonly used and machine-readable format and/or to instruct us to transmit that data to a third party.

h. Right to object: you have the right to object at any time to your personal data being processed for direct marketing and in other certain circumstances, such as if we change our legitimate interests from the basis on which we initially collected and processed your personal data or processed your personal data for a purpose different from the initial one we informed you.

i. Right not to be subject to automated individual decision-making: while we do not subject your personal data to decisions based solely on automated processing that produces legal effects concerning you or otherwise significantly affecting you, should we ever engage in such processes, we will first notify you and you will have the right to object to such processing.

2. If you wish to exercise any of the above rights, or make any related complaint or request in relation to your personal data, please contact us in writing at: info@gini.co or at gini, 2/F, Henan Building, 90-92 Jaffe Rd, Wan Chai, Hong Kong.
   
   
   

Our contact details

We welcome your feedback and questions. If you wish to contact us, please send an email to info@gini.co or you can write to us at gini, 2/F, Henan Building, 90-92 Jaffe Rd, Wan Chai, Hong Kong.

Changes to this Privacy Statement

We may change this Privacy Statement from time to time. Your rights under this Privacy Statement will not be reduced unless we receive your consent. Any changes will be posted on our website or notified by us to you (by email or post, for example).

Questions

If you have any questions regarding this Privacy Statement, please contact us and we will do our best to answer them.